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Author Archives: Gerald Barnett
GAO reports Bayh-Dole is a do WTF you want law
Bayh-Dole is a do WTF you want law. Don’t take my word for it. You don’t even have to go read the law to see what I have been talking about. Here, check out this report from the GAO, for … Continue reading
Xtandi demonstrates how Bayh-Dole is a do WTF you want law, 3
The first part of this article is here. The exclusive license that UCLA granted to Medivation meets the requirements for an assignment of the subject invention. The license grants substantially all rights in the subject invention (to all compounds for … Continue reading
Posted in Bayh-Dole
Tagged enzalutamide, KEI, march-in, patent rights clause, subject invention, UCLA, Xtandi
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Xtandi demonstrates how Bayh-Dole is a do WTF you want law, 2
The first part of this article is here. To explore these issues, let’s take a look at Xtandi, a prostate cancer drug that has received press recently in the debate over high drug prices. Xtandi sells in the U.S. for … Continue reading
Posted in Bayh-Dole
Tagged enzalutamide, march-in, Medivation, patent rights clause, Pfizer, subject invention, UCLA, Xtandi
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Xtandi demonstrates how Bayh-Dole is a do WTF you want law, 1
There is a big divide regarding what Bayh-Dole was supposed to accomplish with regard to the use of patents on publicly funded research. On one side is the view that publicly supported research should be freely or otherwise reasonably available … Continue reading
Posted in Bayh-Dole
Tagged assignment, Bayh-Dole, Medivation, subject invention, UCLA, WTF, Xtandi
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The devils in the details: Bayh-Dole supports academic freedom, 2
Part 1 of this article is here. By requiring the contractor to require “technical” employees to make a written agreement, (f)(2) does some fundamental things within the framework of definitions set up by Bayh-Dole. Watch the devils tumble out in … Continue reading
Posted in Bayh-Dole, Bozonet, Freedom, Sponsored Research, Stanford v Roche
Tagged (f)(2), 37 CFR 401.9, Bayh-Dole, devil, patent, subject invention, WARF
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Enforce Bayh-Dole To Reform Bayh-Dole
I posted the first half of an article that lays out how Bayh-Dole, if university adminstrators complied with the law and its patent rights clause, would support the academic freedom of faculty inventors. I also pushed a related tweet thread … Continue reading
Posted in Bayh-Dole
Tagged (f)(2), 35 USC 200, Bayh-Dole, Darth Vader, enforce
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The devils in the details: Bayh-Dole supports academic freedom, 1
Bayh-Dole supports the academic freedom of faculty inventors. University administrators refuse to comply. Here, we walk through the law, the implementing regulations, the various patent rights clauses to show the result. Fair warning to university administrators reading this piece. I … Continue reading
Posted in Bayh-Dole, Bozonet, Freedom, Sponsored Research, Stanford v Roche
Tagged (f)(2), 37 CFR 401.14, 37 CFR 401.9, academic freedom, Bayh-Dole, contractor, funding agreement, patent, subject invention, turdly
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The IPA and Wisconsin’s 1969 Patent Policy, Table of Links
In May 2017 I wrote a series of articles that traced the development of the University of Wisconsin’s patent policy, how the Wisconsin Alumni Research Foundation shaped federal policy to disenfranchise faculty inventors in favor of its own money-making ventures … Continue reading
Bayh-Dole Basics, 5: invention assignment comments
Here is a basic distinction. Bayh-Dole prohibits nonprofits from assigning subject inventions except to an invention management organization or with the approval of the federal agency–and then only if the assignee accepts the nonprofit patent rights clause. Bayh-Dole says nothing … Continue reading
Posted in Bayh-Dole
Tagged assignment, Bayh-Dole, exclusive license, GTRC, patent, subject invention, substantial rights, title
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Bayh-Dole Basics 5: invention assignment
Assignment of an invention involves conveying all substantial rights in the invention–the exclusive rights to make, to use, and to sell. These substantial rights can be conveyed expressly by transferring title (that is, the right of ownership) or implicitly by … Continue reading
Posted in Bayh-Dole, Bozonet
Tagged assignment, patent, subject invention
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